A federal judge has upheld his decision to prevent a former Baltimore County employee from asking the man who fired her about his alleged romantic relationship with a female co-worker.
The ruling could seriously jeopardize a $1 million wrongful-termination lawsuit filed by Miriam Grice, a former county claims manager, who says she was fired after walking in on two co-workers in a private moment. The suit alleges a romantic relationship between county administrator Fred Homan and Suzanne Berger, an assistant county attorney.
U.S. District Judge Frederick Motz on Thursday reaffirmed his decision to forbid questions about the alleged office affair during the information-gathering stage known asdiscovery.
“I remain of the view that the restriction I placed upon discovery is entirely reasonable,” Motz wrote in his court order.
Grice?s attorney, Kathleen Cahill, declined comment. But in court filings, Cahill called Motz?s ruling an unjustified “discovery embargo.”
The suit alleges Homan and Berger gave Grice?s job to a less qualified male applicant shortly after she “interrupted them after hours,” then further retaliated against her when she complained and “brought their acts to light.”
“The claim renders discovery into their motivation and intent absolutely essential,” Cahill wrote. “Yet, the court has effectively barred that discovery.”
Grice?s suit alleges violations of both federal and state law. Motz indicated the issue of the alleged affair is only relevant to Grice?s claim that Homan and Berger illegally interfered with her employment contract with the county ? a state legal claim. If Motz allows Grice?s federal claims after discovery, the state claim also will be permitted, and Motz indicated he will allow broader questioning that could include the alleged affair.
County spokesman Don Mohler has previously called the suit “baseless.”
“We will let the process play itself out in court,” he said Friday.
